Code of Conduct

Lord Brady of Altrincham Excerpts

Monday 12th March 2012 Commons Chamber

[Mr Barron]

The hon. Lady makes an interesting point. I was about to move on to talk about the amendment, and we can look at that question in a moment.

The amendment is also in the name of the hon. Member for Broxbourne (Mr Walker), and I am sure that he will explain it later in the debate. It raises significant questions. As I understand it, the amendment would mean that matters relating to a Member’s private and personal life which damaged the reputation and integrity of the House or of Members generally would remain within the scope of the code, but that the commissioner would be precluded from investigating complaints about such matters.

That raises a number of difficult questions. How would the boundaries of private and personal lives be defined? Would a matter remain private and personal if, for example, it had led to criminal behaviour or a failure to comply with civil obligations? Does something remain purely private and personal when it has been running all over the press and the internet for six or seven days? What is an investigation? Would the commissioner be precluded from giving a Member the chance to put his or her side of the story in private, rather than before the Committee as a whole? If the commissioner were unable to investigate extreme cases involving a Member’s personal and private life, would the Committee be expected to investigate them? If so, the Member’s safeguards would be reduced, as the Committee would investigate and pronounce sentence. I would feel uncomfortable about that. We are an adjudication Committee; we do not carry out investigations. The amendment seems to suggest that we might do so, however.

I understand colleagues’ fears that complaints could flood in about private lives, and that the commissioner might have to investigate matters that were properly no one’s business but that of the Member concerned. That is not what is intended. The House should have trust in the commissioner, in the Committee and in itself. Serious cases of a fall in standards should be decided on the Floor of the House, and not by the commissioner or by the Committee.

I am confident that the commissioner will not investigate purely private matters. If some future commissioner did so, I am confident that the Committee would take a robust approach, and that any serious sanction recommended by the Committee would come to the House, which would decide whether it was merited. I ask Members to have faith that all those involved, including the House, would use common sense if these measures were ever applied. I, for one, hope that they never will be.

The new provision is intended only for extreme circumstances, described by the commissioner as those in which a Member’s conduct in certain extremely limited circumstances is so serious and so blatant that it causes significant damage to the reputation of the House. In my judgment, it would be even more damaging to the reputation of the House and to the public’s confidence in the code of conduct—which is one of its key purposes—if the House were unable to take action to express its disapproval and uphold its standards in such circumstances.

[Mr Graham Brady (Altrincham and Sale West) (Con)]

Will the right hon. Gentleman give an example of something “purely private and personal” that he believes would fall within the scope as he has just defined it?

[Mr Barron]

Yes. Let us say a Member had committed fraud, not against the public purse—

[Mr Brady]

rose—

[Mr Barron]

This is a hypothetical example, but let me carry on with it. Let us say that a Member committed fraud, not against the public purse but against a family member, and it was argued that this was a purely personal matter. Let us say that this Member was sentenced in a criminal court for six months; would that not be a matter for this House?

[Mr Brady]

I am grateful—

[Madam Deputy Speaker (Dawn Primarolo)]

Order. After putting a question to a Member, Mr Brady should wait for the answer before intervening again; otherwise, we lose the flow.

--- Later in debate ---

[Mr Brady]

I am grateful to you, Madam Deputy Speaker, and to the right hon. Gentleman for giving way again. He has answered my question in one sense, in that the only example he has adduced is one that is patently not “purely private and personal”, but criminal. By definition, then, it would not fall within the scope of the amendment.

[Mr Barron]

I have to say that I am not too sure about that, as I do not know the intent behind the amendment, which does not make things as clear as the change in the code does. It could be argued on a point of law that the action taken was not a matter for Parliament because it was a personal action. It might be a criminal action—